The Sovereign Power of Parliaments Part 4, Appendix · Part 3
Poland.
For the Kings and Kingdome of Poland. oSee Munſt. Coſmog. l. 4. c. 2. 4. 5.Martinus Chromerus in his Polonia lib. 2. De Republica et Magiſtratibus Poloniae, informes us; that the Princes and Dukes of Poland, before it was advanced unto a Kingdome, and the Kings of it ever ſince it became a Realme, were alwaies elected by the chiefeſt Nobles and States, unanimous ſuffrages; That after the Kings of Poland became Chriſtians, their power began to bee more reſtrained then it was at firſt, the Clergy being wholly exempt from their royall Iuriſdiction: That the King cannot judge of the life or fame of a knight (unleſſe in ſome ſpeciall caſes) without it be in the aſſembly of the Eſtates with the Senate, nor yet publickly make Warre or Peace with any, nor impoſe Taxes or Tributes or new Cuſtomes, nor alienate any of the goods of the Realme, nor yet doe or decree any greater thing pertaining to the Common-wealth without the Senate or Parliaments aſſent. Neither can hee make new Lawes, nor publickly command money in an extraordinary manner, nor coine money, nor nominate a Succeſſor not with the Senate, without the conſent of the Nobility, whether of Knights or Gentlemens Order; By, or out of whom all publicke Magiſtrates and Senators almoſt are choſen: ſo as now the ſumme or chiefeſt power of the Republicke is reſiding in them. So that the Kingdome and Republicke of the Polonians doth not much differ in reaſon from that of the Laced…monians in ancient times, and of the Venetians now. An Oath is exacted of the new King when he is crowned, to this effect. That he ſhall raigne according to the Lawes and inſtitutes of his Predeceſſors; and will ſafely conſerve to every order and man his right, priviledge, and benefit, confirmed by former Kings; nor will he diminiſh any of the borders or goods of the Realme, but will according to his power recover thoſe that are loſt from others: After all which the Senate ſweare fealty to him, &c. The Revenues, Tributes, and Cuſtomes of the King are all reduced to a certainty; the Nobles & Clergie are exempted from Taxes. The king by the Lawes of King Alexander, is prohibited to alien to any one the Lands of the Crowne. No new Lawes can be made, nor old ones repealed but by the king, Senate and Nobles aſſembled in Parliament. And becauſe there is wont to be in higheſt power, a ſlippery and ready degree to Tyrannie, certaine Senators and Councellours are adjoyned to the King, who may direct his Councells and Actions to the ſafety of the Common-wealth, and his judgments according to the Rule of juſtice and equitie, and with their wholſome monitions and Councells, may as there ſhall be occaſion, as it were with certaine living Lawes, both informe his minde and moderate his power. This Royall Senate, much greater now then in times paſt, conſiſts of a certaine number of men, which wee call the Senators or Councellours of the REALME; who are not admitted to the Councell without an Oath: and this Office is perpetuall during life, having certaine Honours and Magiſtracies thereto annexed, partly Eccleſiaſticall, partly Civill; It conſiſts of 96. perſons in all, ſome of them Biſhops, others Palatines, Knights, Caſtellanes, and other Officers of the Realme. The Chancellor of the Realme may ſigne many things without the Kings Privitie, and may deny to ſeale thoſe things which are contrary to Law, though the king command them. Moſt of the great Officers and Magiſtrates are choſen in Parliament, and cannot be diſplaced but in Parliament, and that for ſome great offence. Their Parliaments or Generall Aſſemblies of the States are held (much like ours) once every yeare at leaſt, and ſome times every fift or ſixth monethmonth, if there be occaſion; and then they are kept conſtantly at one place, to wit at Petricow, or Warſavia in the midſt of the Kingdome, unleſſe it be upon ſome extraordinary juſt occaſion, and then the king by advice of this Councel may ſommon the Parliament at another place. It is provided by a Law within theſe 20. yeares; That it ſhall not be lawfull to the King to make a warre without the aſſent of his Parliament and Great Councell; and that the Nobles as oft as there is occaſion, ſhall at their owne coſts without wages defend the borders of the Realme, yet not without the King, unleſſe it be during the Interregnum; but they may not be compelled to goe out of the Realme to any Forraigne warre without wages: the Souldiers wages are reduced to a certainety, and aſſeaſed by publicke conſent in Parliament, which Orders all Military and Civill Affaires. So Cromerus.
For their carriage towards their ill Kings, I ſhall give you onelyonly a ſhort account.pMunſt. Coſm. l 4 c 7. 10. Martinus Chrom…rus de Rebus Polonorum. Heylius Geeg. … 378 … Mieſco their ſecond King, being unfit to governe, a man given wholly to his belly, eaſe, ſleepe, pleaſure, and governed by his Queene, thereupon moſt of his ſubjects revolted from him; and he dying, the Polonians at firſt for many yeares, refuſed to chuſe Cazimirus his Son King, leaſt he ſhould follow his fathers ſtep▪ till at laſt after a long Interregnum, when he had turned Monke, they elected him King. Boleſlaus his ſonne, a man of a diſſolute life, given to luſt, and the p…ſt of the Realme, was excommunicated by the Biſhop of Cracow for his wickednes; for which cauſe he ſlew him: Whereupon the Pope deprived him, and Poland of the Crowne, and abſolved his Subjects from their obedience to him, who expelled and forced him to flee out of the Realme into Hungary, where he became mad and died. My…zlaus the 10. King of Poland, exerciſing tyranny every where upon his people by reaſon of his power and allies, was depoſed by his subjects, and Caz…mi…us elected King in his ſtead; He was three or foure times depoſed …nd put by the Crowne; Boleſlaus who ſucceeded Henry, was deprived of the Monarchy; Henry was ſurpriſed and moſt ſtrictly impriſoned. Boleſlaus was ſlaine by his Nobles; and Ʋladiſlaus Locktect, elected King in his ſtead, raviſhing virgins, Matrons, and not reforming things according to promiſe; the Nobles hereupon aſſembling together An 1300. abrogated his election, as pernicious and choſe Wenceſlaus King of Bohemia, King in his place: And not to recite more ancient hiſtories of ſuch like nature,qDavid Chytraus, Chron. Sax. l. 23. p. 690. 693. 694 695. 696 Grimſtons Imperiall hiſtory. p. 694. 695. King Henry the third of Poland was elected and ſworne King upon conditions which he was to performe Anno 1574. After which he ſecretly departing out of Poland, without the aſſent of the Nobles, to take poſſeſſion of the Crowne of France, within 3. monthes after his Coronation in Poland: the Polonians ſent Meſſengers after him to F…rrara, June 16. 1574. who denounced to him, that unleſſe he returned into Poland before the 12. of May following, they would depoſe him, and elect another King: Which he neglecting, they in a generall aſſembly of the Eſtates at Warſauia, deprived him of the Crowne, and elected a new King: the Chancellor and greateſt part of the Counſellers elected Maximilian the Emperour; Some others, with the greater part of the Nobility, deſiring to have one of the Poliſh blood, elected Anno ſiſter of their deceaſed King Sigiſmund, giving her for husband Stephen Battery Prince of Tranſylvania, and proclaimed him King. The Emperour making mary delayes, Stephen in the meane time enters Poland, marrieth Anne, and is crowned King by generall conſent, February 8. 1576. who tooke this memorable Coronation Oath preſcribed to him by the Nobles. I Stephen by the grace of God elected King of Poland, great Duke of Lithunia, &c. Promiſe and ſacredly ſweare to Almighty God, upon theſe holy Evangeliſts of Ieſus Chriſt, that I will hold, obſerve, deford and fulfill in al. conditions, criticles, and points therein expreſſed all Rights, Liberties, Securities, priviledges publike and private, not contrary to the common Law, and Liberties of both Nations, juſtly and lawfully given and granted to the Eccleſiaſtickes, and ſeculars, Churches, Princes, Barons, Nobles, Citizens, inhabitants, and any other perſons of what ſtate and condition ſo ever by my godly Predeceſſors, Kings, Princes or Lords of the Kingdome of Poland, and of the great Dukedome of Lithuania, eſpecially by Caſimir, Lewis the great, called Loys, Vladiſlaus the firſt, called Iagiello and his brother Withold great Duke of Lithuania, Vladiſlaus the 2. Caſimyr the 3. Iohn Albert, Alexander, Sigiſmund the firſt, and 2. Auguſtus, and Henry Kings of Poland, and great Dukes of Lithuania; or derived and granted from them, together with the Lawes enacted, and eſtabliſhed or offered by all the States during the Interregnum, and the pacts and agreements of my Orators, made with the States in my name. That I will defend and maintaine peace and tranquility between thoſe who differ about Religion; neither by any meanes, either by Our Iurisdiction, or by any authority of Our Officers or ſtates, permit any to be troubled or oppreſſed, neither will we our Selfe injure or oppreſſe any by reaſon of Religion. All things any way whatſoever unlawfully alienated, or diſtracted, either by warre or any other meanes, from the Kingdome of Poland, the great Dukedome and their dominions, I will re-unite to the propriety of the ſaid Kingdome of Poland, and great Dutchy of Litluania. I will not diminiſh the lands of the Kingdome and great Dukedome, but defend and enlarge them. I will adminiſter juſtice to all the inhabitants of our Kingdome, and execute the publike Laws conſtituted in all my Dominions, without all delaies and prorogations, having no reſpect of any perſons whatſoever. And if I ſhall violate my Oath in any thing (which God forbid) the Inhabitants of my Realme, and of all my Dominions of what Nation ſoever, ſhall not bee bound to yeeld me any Obedience: Yea, I doe ipſo facto free them from all Faith and Obedience which they owe unto me as King. I will demand no abſolution from this my Oath of any one, neither will I receive any, which ſhall be voluntarily offered, So helpe me God. To this notable Oath (an unanſwerable evidence of the States of Polands abſolute Soveraignty over their Kings) this King within 4. dayes after his Coronation, added a confirmation of their Priviledges, containing the ſame heads, enlarged with a few more words; which he confirmed with his ſolemne deed and Royall Seal, and delivered the ſame to the Chancellor, and Vice-chancellor of the Realme to give out Coppies of them, under the great Seale to all the States of the Realm; who meetingſChytraeus Chron. Sax. l. 25. p. 765. 766. l. 27. p. 809. 810. & l. 28 29. & p. 948. 949. afterwards in a Parliament at Warſauia, Anno 1562; there was much debate about ſetling of the Premiſes, and nothing concluded.
tChytraeus Chron ſax l. 28. 29. 30. Grimſt. Imp. Hiſt. p. 698. 699.Anno 1587, the States of Poland queſtioned and oppoſed K. Stephen, for violating their Priviledges, and thoſe of Riga tooke up armes in defence of them; refuſing after his death to repaire to the Aſſembly of the States at Warſauia, Anno 1587. vnleſſe their Priviledges might be preſerved and rectified, as you may read at large in Chytraeus. King Stephen dying the Eſtates of Poland, and Lithuania, aſſembled at Warſauia, Anno 1587. where they made Lawes for preſerving the Peace during the Inter regnum; and enacted, that no new King ſhould be elected, but by the unanimous conſent and agreeing Suffrages of all the Eſtates, and that he who ſhall nouriſh factions, or receive gifts or rewards, or uſe any other practiſes about the election of a new King, ſhould bee reputed an Enemy of his Country. After which they proceeding to an Election; there were divers competitors named: and after many debates; One part choſe Maximilian Duke of Auſtria, the other Sigiſmund the King of Swethland his Sonne, both of them uppon expreſſe articles and conditions, which they both ſealed and ſwore unto, the chiefe whereof were theſe; To preſerve all their Rights, Lawes, Priviledges, and Immunities publike or private, inviolably; To keepe all former Leagues and Truces; To beſtow no Offices upon ſtrangers nor harbour any about them, (except ſome few Private ſervants) but native onelyonly, and to be conſelled and adviſed by them alone. To maintain a Navy, Garriſons, and build divers Caſtles in the Frontiers at their owne coſts for the Kingdomes preſervation; To redreſſe all grievances, maintaine the Priviledges, Rights and Peace of thoſe who differed in Religion; To procure and augment the weale, peace, Priviledges and ſafety of the Realme; and perform all Articles mentioned in the Oathes of King Henry and Stephen; In fine, this competition comming to bee determined by the ſword: Maximillian was taken priſoner by Sigiſmund, and forced to releaſe his right to obtain his liberty: And a Decree paſſed in Parliament, That no man hereafter ſhould in the Election of the King of Poland, preſume to name, or recommend any of the houſe of Auſtria to the Crown, and if any did he ſhould be ipſo facto infamous: Which decree the Emp. Rodolph deſired might be aboliſhed, as being a diſparagement to that family, yet prevailed not. After which this King managed all things concerning Warre, Peace, and the Government of the Realm, by advice of his Parliament, as Chytraeus at large relates; and his Succeſſors to this preſent have done the like, taking the Crown upon ſuch conditions, and making ſuch conditionall Oathes at their Coronations, as Steven did at his.